Who are eligible for H4 EAD?

Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or

Have been granted an extension of their authorized period of stay in the United States under AC21 . AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

How to Apply ?

Eligible H4 dependent spouses must file I-765 form, Application for Employment Authorization, with supporting evidence listed in the below section and a $410 fee to get work authorization .

Use the following guidelines when you prepare your check or money order for the Form I-765 fee:

The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

Make the check or money order payable to U.S. Department of Homeland Security. Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”

How to fill I-765 Form?

USCIS has released a new I-765 form recently. Applicants should use the Updated form. Here is the link to the form:

http://www.uscis.gov/sites/default/files/files/form/i-765.pdf

Most of the questions are straight-forward except few questions which are listed below.

Question 9: SSN: If you don`t have a SSN Number, you can fill it as “N/A”

Question 16: For H4 EAD People, You need to enter (c)(26)

Question 18: Enter the receipt number of i-797 notice of H-1B approval for form I-129.

Instructions:

Type or print legibly in black ink

Answer all questions fully and accurately. State that an item is not applicable with “N/A.” If the answer is none, write “None.”

Each application must be properly signed and filed. A photocopy of a signed application or a typewritten name in place of a signature is not acceptable.

Mistakes to Avoid:

Do not staple the papers

Any Form I-765 that is not signed or accompanied by the correct fee will be rejected with a notice that Form I-765 is deficient.

If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility, and USCIS may deny your Form I-765.

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-765, USCIS will deny your Form I-765.

Document Package Checklist:

Note: Photos and Check can be kept in see through plastic envelope.

H4’s latest I-94 (Front and Back Copy)

H4’s latest I-797 , approval of I539

Copy of your Marriage Certificate

Copy of Passport (H4) – Front and back of passport and H4 Visa Stamp pages

Basis for Work Authorization Documents:

If you are filing on the basis of an approved I-140, Submit the copy of I-140 and H1B’s latest I-797, approval of I-129

if you are filing based on AC21 (Perm approval/Pending I-140) , submit copies of the H-1B principal’s passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129.

H4 EAD Filing Locations:

Currently, you cannot efile the h4 EAD application. You need to mail all the documents.

If the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC or LIN, then you have to File with the USCIS Dallas Lockbox Facility,